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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | March 23, 2015 11:05 AM |
|---|---|
| From: | Representative Pam Snyder |
| To: | All House members |
| Subject: | Mandatory Mediation in Child Custody Disputes |
| In the near future, I plan to introduce legislation that would require courts to order mediation if two parents cannot come to a decision regarding child custody. The legislation would mandate parenting plans as the first step in resolving child custody disputes, which gives parents a chance to work out their differences and arrive at a joint custody solution that is agreeable to both. If parents still cannot come to an agreement, courts must order mediation. If court-ordered mediation still produces no agreement between the parents, the mediator may make a recommendation to the court. My legislation offers safeguards for victims of abuse perpetrated by one of the other parties involved in the child custody proceeding. It provides that a court may choose an alternative to mediation if it finds that domestic violence, child abuse or neglect, threats, alcohol or substance abuse, or mental illness is a factor. The budgets of state and local governments, as well as that of the parties involved, are also protected under my legislation. The parties in the proceeding, not the courts, pay for mediation services, and costs will be assessed on a scale that takes into consideration each individual’s financial situation. Mediation can ease the burden on individuals involved in a child custody dispute. With the help of a trained mediation professional who acts as a neutral third party, parents arrive at an agreement themselves, rather than being subject to a judge’s order. This gives parents more control over the situation and can reduce the stress associated with litigation. If the parents cannot come to an agreement as a result of mediation, the mediator does not have the authority to impose a binding decision, and parents still have the option to litigate. Please join me in co-sponsoring this legislation, thereby giving parents and courts an additional chance to reduce the amount of litigation in child custody disputes. |
Introduced as HB1338